A Texas midwife has been arrested and accused of providing illegal abortions, marking the first time authorities have filed criminal charges under the state’s near-total abortion ban, Texas Attorney General Ken Paxton announced on Monday.
Maria Margarita Rojas has been charged with the illegal performance of an abortion, a second-degree felony, as well as practicing medicine without a license, which is a third-degree felony.
Paxton alleges that Rojas, 48, illegally operated at least three clinics in the Houston area where illegal abortion procedures were performed in direct violation of state law.
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“In Texas, life is sacred. I will always do everything in my power to protect the unborn, defend our state’s pro-life laws, and work to ensure that unlicensed individuals endangering the lives of women by performing illegal abortions are fully prosecuted,” Paxton said in a statement. “Texas law protecting life is clear, and we will hold those who violate it accountable.”
Waller County District Attorney Sean Whittmore, whose office is located northwest of Houston, referred the case to Paxton for prosecution, according to the state Attorney General’s Office.
Waller County court records show Rojas was arrested on March 6 and she was released on bond the next day.
Court records did not list an attorney for Rojas who could speak on her behalf.
A woman reached by phone at one of Rojas’ clinics said Monday she did not know who Rojas was. Messages left at Rojas’ two other clinics were not immediately returned. On their Facebook pages, the clinics advertise various services, including physical exams, ultrasounds and vaccines.
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Texas is one of 12 states currently enforcing a ban on abortion at all stages of pregnancy. Texas' ban allows exceptions when a pregnant patient has a life-threatening condition. Opponents of the ban say it is too vague when it comes to when medically necessary exceptions are allowed. A bill has been filed in the current Texas legislative session to clarify medical exceptions allowed under the law.
The charge of illegal performance of an abortion carries a punishment of up to 20 years in prison while the charge of practicing medicine without a license carries a penalty of up to 10 years in prison.
Paxton’s office said it has filed a temporary restraining order to close Rojas’ clinics.
In the U.S., there have been few, if any, criminal charges filed alleging the operation of illegal abortion clinics since the U.S. Supreme Court overturned Roe v. Wade in 2022 and opened the door to state abortion bans.
A Louisiana grand jury earlier this year indicted a New York doctor on charges that she illegally prescribed abortion pills online to a Louisiana patient. Paxton has filed a civil lawsuit against the same doctor under a similar accusation.
